A BILL to amend and reenact §25-1-15 of the Code of West Virginia,
1931, as amended; to amend and reenact §28-5-27 of said code;
to amend said code by adding thereto two new sections,
designated §31-20-5g and §31-20-5h; to amend and reenact
§61-7-6 of said code; to amend and reenact §62-11A-1a of said
code; to amend and reenact §62-11B-9 of said code; to amend
and reenact §62-11C-2, §62-11C-3 and §62-11C-6 of said code;
to amend said code by adding thereto a new section, designated
§62-11C-10; to amend and reenact §62-12-6, §62-12-7, §62-12-9,
§62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and
§62-12-19 of said code; to amend said code by adding thereto
a new section, designated §62-12-29; to amend and reenact
§62-15-2 of said code; and to amend said code by adding
thereto two new sections, designated §62-15-6a and §62-15-6b,
all relating to public safety; requiring the Division of
Corrections to perform graduated methods of mental health
screens, appraisals and evaluations on persons committed to
its custody; mandating one year of supervised release for
violent inmates; mandating one hundred eighty days of
supervised release for nonviolent inmates; requiring the
Commissioner of Corrections to adopt policies regarding
mandatory supervised release; requiring the West Virginia
Regional Jail Authority and Correctional Facility to utilize
a standardized pretrial risk-screening instrument adopted by
the Supreme Court of Appeals of West Virginia; requiring the
authority to develop and implement cognitive behavioral
programming for inmates in regional jails committed to the
custody of the Commissioner of Corrections; exempting parole
officers from prohibitions against carrying concealed weapons;
moving definition of “day report center” to section relating
to conditions of release on probation; providing standards and
limitations under which judges and magistrates may impose a
period of supervision or participation in day report program;
clarifying language regarding confinement and revocation for
violations of the conditions of home incarceration; adding
representative of the Bureau for Behavioral Health and Health
Facilities to the community corrections subcommittee of the
Governor’s Committee on Crime, Delinquency and Correction;
providing that the community corrections subcommittee review,
assess and report on the implementation of evidence-based
practices in the criminal justice system; adding member with
a background in substance abuse treatment and services to the
community criminal justice boards of each county or
combination of counties; providing oversight responsibility to
Division of Justice and Community Services to implement
standardized risk and needs assessment, evaluate effectiveness
of other modifications to community corrections programs and
provide annual report; requiring probation officers to conduct
a standardized risk and needs assessment for individuals
placed on probation and to supervise probationer and enforce
probation according to the same; requiring probation officers
to perform random drug tests of persons under supervision;
authorizing the Supreme Court of Appeals of West Virginia to
adopt a standardized risk and needs assessment for use by
probation officers; authorizing the Supreme Court of Appeals
of West Virginia to adopt a standardized pretrial screening
instrument for use by the Regional Jail Authority; providing
standards and limitations under which judges may impose a term
of reporting to a day report center or other community
corrections program as a condition of probation; authorizing
day report center programs to provide services based on the
results of a person’s standardized risk and needs assessment;
providing for graduated sanctions in response to violations of
the conditions of release on probation other than absconding
or committing new criminal conduct; creating exceptions to new
criminal conduct provisions; requiring copies of graduated
sanctions confinement orders be supplied to the Commissioner
of Corrections; providing that graduated sanctions confinement
be paid by the Division of Corrections; revising eligibility
requirements for accelerated parole program; requiring that
Division of Corrections’ policies and procedures for
developing a rehabilitation treatment plan include the use of
substance abuse assessment tools and prioritize treatment
resources based on the risk and needs assessment and substance
abuse assessment results; providing for rebuttable presumption
that parole is appropriate for inmates completing the
accelerated parole program and a rehabilitation treatment
program; providing standards and limitations for Parole Board;
outlining duties of the Division of Corrections to supervise,
treat and provide support services for persons released on
mandatory supervised release; removing temporal standard for
requirement that the Parole Board have access to a copy of an
inmate’s physical, mental or psychiatric examination;
authorizing Division of Corrections employ directors of
housing and employment for released inmates with duties
relating to the reduction of parole release delays and finding
employment; requiring parole officers to update the
standardized risk and needs assessment for each person for
whom an assessment has not been conducted for parole and to
supervise each person according to the assessment and the
commissioner’s supervision standards; authorizing the
Commissioner of Corrections to issue a certificate authorizing
a parole officer to carry firearms or concealed weapons;
providing standards and limitations under which the Division
of Corrections may order substance abuse treatment or impose
a term of reporting to a day report center or other community
corrections program as a condition or modification of parole;
authorizing the Commissioner of Corrections to enter into a
master agreement with the Division of Justice and Community
Services to reimburse counties for use of the community
corrections programs; clarifying that parolee participation in
community corrections is at program director’s discretion;
providing for graduated sanctions in response to violations of
the conditions of release on parole other than absconding or
certain new criminal conduct; providing a parolee with the
right to a hearing, upon request, regarding whether he or she
violated the conditions of his or her release on parole;
providing that graduated sanctions incarceration for parolees
be paid for by Division of Corrections; providing for a
Community Supervision Committee to be appointed by the
Administrative Director of the Supreme Court of Appeals of
West Virginia to coordinate the sharing of information for
community supervision and requiring submittal of an annual
report; revising definitions; providing standards and
limitations under which judges may order treatment supervision
for drug offenders; requiring the Division of Justice and
Community Services to use appropriated funds to implement
substance abuse treatment to serve those under treatment
supervision in each judicial circuit; providing that the
Division of Justice and Community Services is responsible for
developing standards relating to quality and delivery of
substance abuse services, requiring certain education and
training, paying for drug abuse assessments and certified drug
treatment from appropriated funds and requiring submittal of
an annual report; outlining duties of treatment supervision
service providers; providing for state payment of drug court
participants’ incarceration under certain circumstances;
defining terms; and making technical changes.

Be it enacted by the Legislature of West Virginia:

That §25-1-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §28-5-27 of said code be amended and
reenacted; that said code be amended by adding thereto two new
sections, designated §31-20-5g and §31-20-5h; that §61-7-6 of said
code be amended and reenacted; that §62-11A-1a of said code be
amended and reenacted; that §62-11B-9 of said code be amended and
reenacted; that §62-11C-2, §62-11C-3 and §62-11C-6 of said code be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §62-11C-10; that §62-12-6, §62-12-7,
§62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17
and §62-12-19 of said code be amended and reenacted; that said code
be amended by adding thereto a new section, designated §62-12-29;
that §62-15-2 of said code be amended and reenacted; and that said
code be amended by adding thereto two new sections, designated
§62-15-6a and §62-15-6b, all to read as follows:

CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-15. Diagnostic and classification divisions.

(a) The Commissioner of Corrections may establish diagnostic
and classification divisions.

(b) Notwithstanding any provision of the code to the contrary,
all persons committed to the custody of the Commissioner of the
Division of Corrections for presentence diagnosis and
classification and all persons sentenced to the custody of the
Division of Corrections shall, upon transfer to the Division of
Corrections, undergo diagnosis and classification, which mayshall
include: (1) Assessments of a person’s criminogenic risk and need
factors that are reliable, validated and normed for a specific
population and responsive to cultural and gender-specific needs as
well as individual learning styles and temperament; (2) application
of a mental health preliminary screen; and (3) if the mental health
preliminary screen suggests the need for further assessment, a full
psychological evaluation. The Division of Corrections shall
perform mental health preliminary screens, appraisals, and
evaluations according to standards provided by the American
Correctional Association.

CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.

ARTICLE 5. THE PENITENTIARY.

§28-5-27. Deduction from sentence for good conduct; mandatory
supervision.

(a) All adult inmates now in the custody of the Commissioner
of Corrections, or hereafter committed to the custody of the
Commissioner of Corrections, except those committed pursuant to
article four, chapter twenty-five of this code shall be granted
commutation from their sentences for good conduct in accordance
with this section.

(b) Such commutation of sentence, hereinafter called "good
time," shall be deducted from the maximum term of indeterminate
sentences or from the fixed term of determinate sentences.

(c) Except as provided in subsections (l) and (m) of this
section, each inmate committed to the custody of the Commissioner
of Corrections and incarcerated in a correctional facility pursuant
to such commitment shall be granted one day good time for each day
he or she is incarcerated, including any and all days in jail
awaiting sentence and which is credited by the sentencing court to
his or her sentence pursuant to section twenty-four, article
eleven, chapter sixty-one of this code or for any other reason
relating to such commitment. No inmate may be granted any good
time for time served either on parole or bond or in any other
status when he or she is not physically incarcerated.

(d) No inmate sentenced to serve a life sentence shall be
eligible to earn or receive any good time pursuant to this section.

(e) An inmate under two or more consecutive sentences shall be
allowed good time as if the several sentences, when the maximum
terms thereof are added together, were all one sentence.

(f) The Commissioner of Corrections shall promulgate separate
disciplinary rules for each institution under his control in which
adult felons are incarcerated, which ruleswhich shall describe
acts whichthat inmates are prohibited from committing, procedures
for charging individual inmates for violation of such rules and for
determining the guilt or innocence of inmates charged with such
violations and the sanctions which may be imposed for such
violations. A copy of such rules shall be given to each inmate.
For each such violations, by an inmate so sanctioned, any part or
all of the good time which has been granted to such inmate pursuant
to this section may be forfeited and revoked by the warden or
superintendent of the institution in which the violation occurred.
The warden or superintendent, when appropriate and with approval of
the commissioner, may restore any good time so forfeited.

(g) Each inmate, upon his or her commitment to and being
received into the custody of the commissioner of the Department of
Corrections, or upon his or her return to custody as the result of
violation of parole pursuant to section nineteen, article twelve,
chapter sixty-two of this code, shall be given a statement setting
forth the term or length of his or her sentence or sentences and
the time of his or her minimum discharge computed according to this
section.

(h) Each inmate shall be given a revision of the statement
described in subsection (g) if and when any part or all of the good
time has been forfeited and revoked or restored pursuant to
subsection (f) whereby the time of his or her earliest discharge is
changed.

(i) The Commissioner of Corrections may, with the approval of
the Governor, allow extra good time for inmates who perform
exceptional work or service.

(j) In order to ensure equitable good time for all inmates now
in the custody of the Commissioner of Corrections or hereafter
committed to the custody of such commissioner, except as to those
persons committed pursuant to article four, chapter twenty-five of
this code, all good times shall be computed according to this
section and all previous computations of good time under prior
statutes or regulations are hereby voided. All inmates who have
previously forfeited good time are hereby restored to good time
computed according to this section and all inmates will receive a
new discharge date computed according to this section. All inmates
that have been awarded overtime good time or extra good time
pursuant to sections twenty-seven-a and twenty-seven-b of this
article which are repealed simultaneously with the amendment to
this section during the regular session of the Legislature in the
year 1984, shall receive such good time in addition to the good
time computed according to this section.

(k) There shall be no grants or accumulations of good time or
credit to any inmate now or hereafter serving a sentence in the
custody of the DepartmentDivision of Corrections except in the
manner provided in this section.

(l)Prior to the calculated discharge date of an inmate serving
a sentence for a felony crime of violence against the person, a
felony offense where the victim was a minor child or a felony
offense involving the use of a firearm, one year shall be deducted
from the inmate’s accumulated good time to provide for one year of
mandatory post release supervision following the first instance in
which the inmate reaches his or her calculated discharge date. As
used in this subsection, “a felony crime of violence against the
person” and “a felony crime where the victim was a minor child”
shall have the meaning ascribed thereto in section thirteen,
article twelve, chapter sixty-two of this code. The provisions of
this subsection are applicable to offenses committed on or after
July 1, 2013.

(m) Any inmate who is serving a sentence for an offense not
referenced in subsection (l) of this section shall be released to
and subject to a period of mandatory supervision of 180 days when
he or she is 180 days from his or her calculated discharge date.
The provisions of this subsection are applicable to offenses
committed before, on or after July 1, 2013.

(n) The Commissioner of Corrections shall adopt policies and
procedures to implement the mandatory supervision provided for in
subsections (l) and (m) of this section, which may include such
terms, conditions and procedures for supervision, modification and
violation as are applicable to persons on parole.

Within three calender days of the arrest and placement of any
person in a regional jail for inability to meet previously set
conditions of release, the authority shall conduct a pretrial risk
assessment using a standardized risk assessment instrument approved
and adopted by the Supreme Court of Appeals of West Virginia. Upon
completion of the assessment, it shall be provided to the
magistrate and circuit clerks for delivery to the appropriate
circuit judge or magistrate.

§31-20-5h. Programs for inmates committed to prison.

The authority shall develop and implement cognitive behavioral
programming to address the needs of inmates in regional jail but
committed to the custody of the Commissioner of Corrections. The
program shall be developed in consultation with and approved by the
Division of Corrections, and may be offered by video teleconference
or webinar technology. The costs of such programming shall be paid
out of funds appropriated to the Division of Corrections. The
programming shall be covered by the rehabilitation plan policies
and procedures adopted by the Division of Corrections under
subsection (h), section thirteen, article twelve, chapter
sixty-two of this code.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-6. Exceptions as to prohibitions against carrying concealed
deadly weapons.

The licensure provisions set forth in this article do not
apply to:

(1) Any person carrying a deadly weapon upon his or her own
premises; nor shall anything herein prevent a person from carrying
any firearm, unloaded, from the place of purchase to his or her
home, residence or place of business or to a place of repair and
back to his or her home, residence or place of business, nor shall
anything herein prohibit a person from possessing a firearm while
hunting in a lawful manner or while traveling from his or her home,
residence or place of business to a hunting site and returning to
his or her home, residence or place of business;

(2) Any person who is a member of a properly organized
target-shooting club authorized by law to obtain firearms by
purchase or requisition from this state or from the United States
for the purpose of target practice from carrying any pistol, as
defined in this article, unloaded, from his or her home, residence
or place of business to a place of target practice and from any
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;

(3) Any law-enforcement officer or law-enforcement official as
defined in section one, article twenty-nine, chapter thirty of this
code;

(4) Any employee of the West Virginia Division of Corrections
duly appointed pursuant to the provisions of section fiveeleven-c,
article fiveone, chapter twenty-eighttwenty-five of this code
while the employee is on duty;

(5) Any member of the Armed Forces of the United States or the
militia of this state while the member is on duty;

(6) Any circuit judge, including any retired circuit judge
designated senior status by the Supreme Court of Appeals of West
Virginia, prosecuting attorney, assistant prosecuting attorney or
a duly appointed investigator employed by a prosecuting attorney;

(7) Any resident of another state who holds a valid license to
carry a concealed weapon by a state or a political subdivision
which has entered into a reciprocity agreement with this state,
subject to the provisions and limitations set forth in section
six-a of this article;

(8) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer’s duty; and

(9) Any Hatfield-McCoy regional recreation authority ranger
while the ranger is on duty.; and

(10) Any parole officer appointed pursuant to section
fourteen, article twelve, chapter sixty-two of this code.

CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.

§62-11A-1a. Other sentencing alternatives.

(a) Any person who has been convicted in a circuit court or in
a magistrate court under any criminal provision of this code of a
misdemeanor or felony, which is punishable by imposition of a fine
or confinement in the regional jail or a state correctional
facility, or both fine and confinement, may, in the discretion of
the sentencing judge or magistrate, as an alternative to the
sentence imposed by statute for the crime, be sentenced under one
of the following programs:

(1) The weekend jail program under which persons would be
required to spend weekends or other days normally off from work in
jail;

(2) The work program under which sentenced persons would be
required to spend the first two or more days of their sentence in
jail and then, in the discretion of the court, would be assigned to
a county agency to perform labor within the jail, or in and upon
the buildings, grounds, institutions, bridges, roads, including
orphaned roads used by the general public and public works within
the county. Eight hours of labor are to be credited as one day of
the sentence imposed. Persons sentenced under this program may be
required to provide their own transportation to and from the work
site, lunch and work clothes; or

(3) The community service program under which persons
sentenced would spend no time in jail but would be sentenced to a
number of hours or days of community service work with government
entities or charitable or nonprofit entities approved by the
circuit court. Regarding any portion of the sentence designated as
confinement, eight hours of community service work is to be
credited as one day of the sentence imposed. Regarding any portion
of the sentence designated as a fine, the fine is to be credited at
an hourly rate equal to the prevailing federal minimum wage at the
time the sentence was imposed. In the discretion of the court, the
sentence credits may run concurrently or consecutively. Persons
sentenced under this program may be required to provide their own
transportation to and from the work site, lunch and work clothes.

(4) A day-reporting center program if the program has been
implemented in the sentencing court’s jurisdiction or in the area
where the offender resides. For purposes of this subdivision
“day-reporting center” means a court-operated or court-approved
facility where persons ordered to serve a sentence in this type of
facility are required to report under the terms and conditions set
by the court for purposes which include, but are not limited to,
counseling, employment training, alcohol or drug testing or other
medical testing.

(b) In no event may the duration of the alternate sentence
exceed the maximum period of incarceration otherwise allowed.

(c) In imposing a sentence under the provisions of this
section, the court shall first make the following findings of fact
and incorporate them into the court's sentencing order:

(1) The person sentenced was not convicted of an offense for
which a mandatory period of confinement is imposed by statute;

(2) In circuit court cases, that the person sentenced is not
a habitual criminal within the meaning of sections eighteen and
nineteen, article eleven, chapter sixty-one of this code;

(3) In circuit court cases, that the offense underlying the
sentence is not a felony offense for which violence or the threat
of violence to the person is an element of the offense;

(4) In circuit court cases, that adequate facilities for the
administration and supervision of alternative sentencing programs
are available through the court's probation officers or the county
sheriff or, in magistrate court cases, that adequate facilities for
the administration and supervision of alternative sentencing
programs are available through the county sheriff; and

(5) That an alternative sentence under provisions of this
article will best serve the interests of justice.

(d) Persons sentenced by the circuit court under the
provisions of this article remain under the administrative custody
and supervision of the court's probation officers or the county
sheriff. Persons sentenced by a magistrate remain under the
administrative custody and supervision of the county sheriff.

(e) Persons sentenced under the provisions of this section may
be required to pay the costs of their incarceration, including meal
costs: Provided, That the judge or magistrate considers the
person’s ability to pay the costs.

(f) Persons sentenced under the provisions of this section
remain under the jurisdiction of the court. The court may withdraw
any alternative sentence at any time by order entered with or
without notice and require that the remainder of the sentence be
served in the county jail, regional jail or a state correctional
facility: Provided, That no alternative sentence directed by the
sentencing judge or magistrate or administered under the
supervision of the sheriff, his or her deputies, a jailer or a
guard, may require the convicted person to perform duties which
would be considered detrimental to the convicted person's health as
attested by a physician.

(g) No provision of this section may be construed to limit a
circuit judge or magistrate’sjudge’s ability to impose a period of
supervision or participation in a community corrections program
created pursuant to article eleven-c, chapter sixty-two of this
code except that a person sentenced to a day report center must be
identified as moderate to high risk of reoffending and moderate to
high criminogenic need, as defined by the standardized risk and
needs assessment adopted by the Supreme Court of Appeals of West
Virginia under subsection (d), section six, article twelve of this
chapter, and applied by a probation officer or day report staff:
Provided, That a judge may impose a period of supervision or
participation in a day report center, notwithstanding the results
of the standardized risk and needs assessment, upon making specific
written findings of fact as to the reason for departing from the
requirements of this section.

(h) Magistrates may only impose a period of participation in
a day report center with the consent by either general or case
specific order of the supervising judge or chief judge of the
judicial circuit in which he or she presides.

ARTICLE 11B. HOME INCARCERATION ACT.

§62-11B-9. Violation of order of home incarceration procedures;
penalties.

(a) If at any time during the period of home incarceration
there is reasonable cause to believe that a participant in a home
incarceration program has violated the terms and conditions of the
circuit court's home incarceration order, he or she shall be
subject to the procedures and penalties set forth in section ten,
article twelve of this chapter.

(b) If at any time during the period of home incarceration
there is reasonable cause to believe that a participant sentenced
to home incarceration by the circuit court has violated the terms
and conditions of the court's order of home incarceration and said
participant's participation was imposed as an alternative sentence
to another form of incarceration, said participant shall be subject
to the same procedures involving confinement and revocation as
would a probationer charged with a violation of the order of home
incarceration. Any participant under an order of home
incarceration shall be subject to the same penalty or penalties,
upon the circuit court's finding of a violation of the order of
home incarceration, as he or she could have received at the initial
disposition hearing: Provided, That the participant shall receive
credit towards any sentence imposed after a finding of violation
for the time spent in home incarceration.

(c) If at any time during the period of home incarceration
there is reasonable cause to believe that a participant sentenced
to home incarceration by a magistrate has violated the terms and
conditions of the magistrate's order of home incarceration as an
alternative sentence to incarceration in jail, the supervising
authority may arrest the participant upon the obtaining of an order
or warrant and take the offender before a magistrate within the
county of the offense. The magistrate shall then conduct a prompt
and summary hearing on whether the participant's home incarceration
should be revoked. If it appears to the satisfaction of the
magistrate that any condition of home incarceration has been
violated, the magistrate may revoke the home incarceration and
order that the sentence of incarceration in jail be executed. Any
participant under an order of home incarceration shall be subject
to the same penalty or penalties, upon the magistrate's finding of
a violation of the order of home incarceration, as the participant
could have received at the initial disposition hearing: Provided,
That the participant shall receive credit towards any sentence
imposed after a finding of violation for the time spent in home
incarceration.

ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.

§62-11C-2. Community Corrections Subcommittee.

(a) A Community Corrections Subcommittee of the Governor's
Committee on Crime, Delinquency and Correction is hereby created
and assigned responsibility for screening community corrections
programs submitted by community criminal justice boards or from
other entities authorized by the provisions of this article to do
so for approval for funding by the Governor's Committee and for
making recommendations as to the disbursement of funds for approved
community corrections programs. The subcommittee is to be
comprised of fifteen members of the Governor's Committee including:
A representative of the Division of Corrections, a representative
of the Regional Jail and Correctional Facility Authority, a
representative of the Bureau for Behavioral Health and Health
Facilities, a person representing the interests of victims of
crime, an attorney employed by a public defender corporation, an
attorney who practices criminal law, a prosecutor and a
representative of the West Virginia Coalition Against Domestic
Violence. At the discretion of the West Virginia Supreme Court of
Appeals, the Administrator of the Supreme Court of Appeals, a
probation officer and a circuit judge may serve on the subcommittee
as ex officio, nonvoting members.

(b) The subcommittee shall elect a chairperson and a vice
chairperson. The subcommittee shall meet quarterly. Special
meetings may be held upon the call of the chairperson, vice
chairperson or a majority of the members of the subcommittee. A
majority of the members of the subcommittee constitute a quorum.

§62-11C-3. Duties of the Governor’s Committee and the Community
Corrections Subcommittee.

(a) Upon recommendation of the Community Corrections
Subcommittee, the Governor’s Committee shall propose for
legislative promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code, emergency and
legislative rules to:

(1) Establish standards for approval of community corrections
programs submitted by community criminal justice boards or other
entities authorized by the provisions of this article to do so;

(2) Establish minimum standards for community corrections
programs to be funded, including requiring annual program
evaluations;

(3) Make any necessary adjustments to the fees established in
section four of this article;

(4) Establish reporting requirements for community corrections
programs; and

(5) Carry out the purpose and intent of this article.

(b) Upon recommendation of the Community Corrections
Subcommittee, the Governor’s Committee shall:

(1) Maintain records of community corrections programs
including the corresponding community criminal justice board or
other entity contact information and annual program evaluations,
when available;

(2) Seek funding for approved community corrections programs
from sources other than the fees collected pursuant to section four
of this article; and

(3) Provide funding for approved community corrections
programs, as available.

(c) The Governor’s Committee shall submit, on or before
September 30 of each year, to the Governor, the Speaker of the
House of Delegates, the President of the Senate and, upon request,
to any individual member of the Legislature a report on its
activities during the previous year and an accounting of funds paid
into and disbursed from the special revenue account established
pursuant to section four of this article.

(d) The subcommittee shall review the implementation of
evidence-based practices and conduct regular assessments for
quality assurance of all community-based criminal justice services,
including day report centers, probation, parole and home
confinement. In consultation with the affected operational
agencies, the subcommittee shall establish a process for reviewing
performance. The process shall include review of agency
performance measures and identification of new measures by the
subcommittee if necessary for measuring the implementation of
evidence-based practices or for quality assurance. After providing
an opportunity for the affected operational agencies to comment,
the subcommittee shall submit, on or before September 30 of each
year, to the Governor, the Speaker of the House of Delegates, the
President of the Senate and, upon request, to any individual member
of the Legislature, a report on its activities and results from
assessment of performance during the previous year.

§62-11C-6. Community criminal justice boards.

(a) Each county or combination of counties or a county or
counties and a Class I or II municipality that seek to establish
community-based corrections services shall establish a community
criminal justice board: Provided, That if a county has not
established a community criminal justice board by July 1, 2002, the
Chief Probation Officer of such county, with the approval of the
chief judge of the circuit, may apply for and receive approval and
funding from the Governor’s Committee for such programs as are
authorized by the provisions of section five of this article. Any
county which chooses to operate without a community criminal
justice board shall be subject to the regulations and requirements
established by the Community Corrections Subcommittee and the
Governor’s Committee.

(b) The community criminal justice board is to consist of no
more than fifteen voting members.

(c) All members of the community criminal justice board are to
be residents of the county or counties represented.

(d) The community criminal justice board is to consist of the
following members:

(1) The sheriff or chief of police or, if the board represents
more than one county or municipality, at least one sheriff or chief
of police from the counties represented;

(2) The prosecutor or, if the board represents more than one
county, at least one prosecutor from the counties represented;

(3) If a public defender corporation exists in the county or
counties represented, at least one attorney employed by any public
defender corporation existing in the counties represented or, if no
public defender office exists, one criminal defense attorney from
the counties represented;

(4) One member to be appointed by the local board of education
or, if the board represents more than one county, at least one
member appointed by a board of education of the counties
represented;

(5) One member with a background in mental health care and
services to be appointed by the commission or commissions of the
county or counties represented by the board;

(6) Two members who can represent organizations or programs
advocating for the rights of victims of crimes with preference
given to organizations or programs advocating for the rights of
victims of the crimes of domestic violence or driving under the
influence; and

(7) One member with a background in substance abuse treatment
and services to be appointed by the commission or commissions of
the county or counties represented by the board; and

(7)(8) Three at-large members to be appointed by the
commission or commissions of the county or counties represented by
the board.

(e) At the discretion of the West Virginia Supreme Court of
Appeals, any or all of the following people may serve on a
community criminal justice board as ex officio, nonvoting members:

(1) A circuit judge from the county or counties represented;

(2) A magistrate from the county or counties represented; or

(3) A probation officer from the county or counties
represented.

(f) Community criminal justice boards may:

(1) Provide for the purchase, development and operation of
community corrections services;

(2) Coordinate with local probation departments in
establishing and modifying programs and services for offenders;

(3) Evaluate and monitor community corrections programs,
services and facilities to determine their impact on offenders; and

(4) Develop and apply for approval of community corrections
programs by the Governor’s Committee on Crime, Delinquency and
Correction.

(g) If a community criminal justice board represents more than
one county, the appointed membership of the board, excluding any ex
officio members, shall include an equal number of members from each
county, unless the county commission of each county agrees in
writing otherwise.

(h) If a community criminal justice board represents more than
one county, the board shall, in consultation with the county
commission of each county represented, designate one county
commission as the fiscal agent of the board.

(i) Any political subdivision of this state operating a
community corrections program shall, regardless of whether or not
the program has been approved by the Governor’s Committee on Crime,
Delinquency and Correction, provide to the Governor’s Committee
required information regarding the program’s operations as required
by legislative rule.

(a) Require that staff of day reporting centers and other
community corrections programs are trained in and use in each case
a standardized risk and needs assessment as adopted by the Supreme
Court of Appeals of West Virginia;

(b) Annually conduct a validation study of inter-rater
reliability and risk cut-off scores by population to ensure that
the standardized risk and needs assessment is sufficiently
predictive of the risk of reoffending;

(c) Annually review the membership of all community criminal
justice boards to ensure appropriate membership;

(d) Evaluate the services, sanctions and programs provided by
each community corrections program to ensure that they address
criminogenic needs and are evidence-based;

(e) Encourage community criminal justice boards to develop
programs in addition to or in lieu of day report centers, through
grants and more focused use of day report services; and

(f) Annually report to the Community Corrections Subcommittee
on the results of duties required by this section.

ARTICLE 12. PROBATION AND PAROLE.

§62-12-6. Powers and duties of probation officers.

(a) Each probation officer shall:

(1) Investigate all cases which the court refers to the
officer for investigation and shall report in writing on each case;
The probation officer shall furnish

(2) Conduct a standardized risk and needs assessment using the
instrument adopted by the Supreme Court of Appeals of West Virginia
for any probationer for whom an assessment has not been conducted
either prior to placement on probation or by a specialized
assessment officer;

(3) Supervise the probationer and enforce probation according
to assessment and supervision standards adopted by the Supreme
Court of Appeals of West Virginia;

(4) Furnish to each person released on probation under the
officer’s supervision a written statement of the probationer’s
conditions of probation together with a copy of the rules
prescribed by the court for the supervision of probationers. The
probation officer shall staySupreme Court of Appeals of West
Virginia;

(5) Stay informed concerning the conduct and condition of each
probationer under the officer’s supervision and shall report on the
conduct and condition of each probationer in writing as often as
the court requires; The probation officer shall use

(6) Use all practicable and suitable methods to aid and
encourage the probationer to improve his or her conduct and
condition; The probation officer shall maintain

(7) Perform random drug and alcohol testing of persons under
their supervision as directed by the circuit court.

(8) Maintain detailed work records and shall perform any other
duties the court requires.

(b) The probation officer has authority, with or without an
order or warrant, to arrest any probationer as provided in section
ten of this article, and to arrest any person on supervised release
when there is reasonable cause to believe that the person on
supervised release has violated a condition of release. A person
on supervised release so arrested shall be brought before the court
for a prompt and summary hearing.

(b)(c) Notwithstanding any provision of this code to the
contrary:

(1) Any probation officer appointed on or after July 1, 2002,
may carry handguns in the course of the officer’s official duties
after meeting specialized qualifications established by the
Governor's Committee on Crime, Delinquency and Correction, which
qualifications shall include the successful completion of handgun
training, including a minimum of four hours’ training in handgun
safety and comparable to the handgun training provided to
law-enforcement officers by the West Virginia State Police.

(2) Probation officers may only carry handguns in the course
of their official duties after meeting the specialized
qualifications set forth in subdivision (1) of this subsection.

(3) Nothing in this subsection includes probation officers
within the meaning of law-enforcement officers as defined in
section one, article twenty-nine, chapter thirty of this code.

(d) The Supreme Court of Appeals of West Virginia may adopt a
standardized risk and needs assessment with risk cut off scores for
use by probation officers, taking into consideration the assessment
instrument adopted by the Division of Corrections under subsection
(h), section thirteen of this article and the responsibility of the
Division of Justice and Community Services to evaluate the use of
the standardized risk and needs assessment.

(a) The Supreme Court of Appeals of West Virginia may adopt a
standardized pretrial risk assessment for use by the Regional Jail
Authority to assist magistrates and circuit courts in making
pretrial decisions under article one-c of this chapter.

(b)WhenUnless otherwise directed by the court, the probation
officer shall, in the form adopted by the Supreme Court of Appeals
of West Virginia, make a careful investigation of, and a written
report with recommendations concerning, any prospective
probationer. Insofar as practicable this report shall include
information concerning the offender's court and criminal record,
occupation, family background, education, habits and associations,
mental and physical condition, the names, relationship, ages and
condition of those dependent upon him or her for support and such
other facts as may aid the court in determining the propriety and
conditions of his or her release on probation. No person convicted
of a felony or of any offense described in article eight-b or
eight-d, chapter sixty-one of this code against a minor child may
be released on probation until this report shall have been
presented to and considered by the court. The court may in its
discretion request such a report concerning any person convicted of
a misdemeanor. The presentence report of any person convicted of
an offense, described in said articles or section twelve, article
eight of said chapter, may include a statement from a therapist,
psychologist or physician who is providing treatment to the child.
A copy of all reports shall be filed with the board of probation
and parole.

§62-12-9. Conditions of release on probation.

(a) Release on probation is conditioned upon the following:

(1) That the probationer may not, during the term of his or
her probation, violate any criminal law of this or any other state
or of the United States;

(2) That he or she may not, during the term of his or her
probation, leave the state without the consent of the court which
placed him or her on probation;

(3) That he or she complies with the conditions prescribed by
the court for his or her supervision by the probation officer;

(4) That in every case wherein the probationer has been
convicted of an offense defined in section twelve, article eight,
chapter sixty-one of this code or article eight-b or eight-d of
said chapter, against a child, the probationer may not live in the
same residence as any minor child, nor exercise visitation with any
minor child and has no contact with the victim of the offense:
Provided, That the probationer may petition the court of the
circuit wherein he or she was convicted for a modification of this
term and condition of his or her probation and the burden rests
upon the probationer to demonstrate that a modification is in the
best interest of the child;

(5) That the probationer be required to pay a fee, not to
exceed $20 per month to defray costs of supervision: Provided,
That the court conducts a hearing prior to imposition of probation
and makes a determination on the record that the offender is able
to pay the fee without undue hardship. All moneys collected as
fees from probationers pursuant to this subdivision are to be
deposited with the circuit clerk who shall, on a monthly basis,
remit the moneys collected to the State Treasurer for deposit in
the state General Revenue Fund; and

(6) That the probationer is required to pay the fee described
in section four, article eleven-c of this chapter: Provided, That
the court conducts a hearing prior to imposition of probation and
makes a determination on the record that the offender is able to
pay the fee without undue hardship.

(b) In addition the court may impose, subject to modification
at any time, any other conditions which it may deem advisable,
including, but not limited to, any of the following:

(1) That he or she make restitution or reparation, in whole or
in part, immediately or within the period of probation, to any
party injured by the crime for which he or she has been convicted:
Provided, That the court conducts a hearing prior to imposition of
probation and makes a determination on the record that the offender
is able to pay restitution without undue hardship;

(2) That he or she pay any fine assessed and the costs of the
proceeding in installments as the court may direct: Provided, That
the court conducts a hearing prior to imposition of probation and
makes a determination on the record that the offender is able to
pay the costs without undue hardship;

(3) That he or she make contribution from his or her earnings,
in sums as the court may direct, for the support of his or her
dependents; and

(4) That he or she, in the discretion of the court, be
required to serve a period of confinement in jail of the county in
which he or she was convicted for a period not to exceed one third
of the minimum sentence established by law or one third of the
least possible period of confinement in an indeterminate sentence,
but in no case may the period of confinement exceed six consecutive
months. The court has the authority to sentence the defendant
within the six-month period to intermittent periods of confinement
including, but not limited to, weekends or holidays and may grant
to the defendant intermittent periods of release in order that he
or she may work at his or her employment or for other reasons or
purposes as the court may deem appropriate: Provided, That the
provisions of article eleven-a of this chapter do not apply to
intermittent periods of confinement and release except to the
extent that the court may direct. If a period of confinement is
required as a condition of probation, the court shall make special
findings that other conditions of probation are inadequate and that
a period of confinement is necessary.

(c) Circuit courts may impose, as a condition of probation,
participation in a day report center.

(1) To be eligible, the probationer must be identified as
moderate to high risk of reoffending and moderate to high
criminogenic need, as defined by the standardized risk and needs
assessment adopted by the Supreme Court of Appeals of West Virginia
under subsection (d), section six of this article, and applied by
a probation officer or day report staff. In eligible cases,
circuit courts may impose a term of up to one year: Provided, That
a judge may impose, as a term of probation, participation in a day
report center program notwithstanding the results of the
standardized risk and needs assessment, upon making specific
written findings of fact as to the reason for departing from the
requirements of this section.

(2) The day report center staff shall determine which services
a person receives based on the results of the standardized risk and
needs assessment and taking into consideration the other conditions
of probation set by the court.

(d) For the purposes of this article, "day report center"
means a court-operated or court-approved facility where persons
ordered to serve a sentence in this type of facility are required
to report under the terms and conditions set by the court for
purposes which include, but are not limited to, counseling,
employment training, alcohol or drug testing or other medical
testing.

§62-12-10. Violation of probation.

(a) If at any time during the period of probation there shallbeis reasonable cause to believe that the probationer has violated
any of the conditions of his or her probation, the probation
officer may arrest him or her with or without an order or warrant,
or the court which placed him or her on probation, or the judge
thereof in vacation, may issue an order for his or her arrest,
whereupon he or she shall be brought before the court, or the judge
thereof in vacation, for a prompt and summary hearing.

(1) If it shall then appears to the satisfaction of the court
or judgefinds reasonable cause exists to believe that any
condition of probation has been violatedthe probationer absconded
supervision or engaged in new criminal conduct other than a minor
traffic violation or simple possession of a controlled substance,
the court or judge may revoke the suspension of imposition or
execution of sentence, impose sentence if none has been imposed,
and order that sentence be executed. In computing the period for
which the offender is to be imprisonedconfined, the time between
his or her release on probation and his or her arrest shall may not
be taken to be any part of the term of his or her sentence.

(2) If the court finds that reasonable cause exists to believe
that the probationer violated any condition of supervision other
than absconding supervision or new criminal conduct other than a
minor traffic violation or simple possession of a controlled
substance, then, for the first violation, the judge shall impose a
period of confinement up to sixty days, or, for the second
violation, a period of confinement up to one hundred twenty days.
For the third violation, the judge may revoke the suspension of
imposition or execution of sentence, impose sentence if none has
been imposed, and order that sentence be executed, with credit for
time spent in confinement under this section. If the time
remaining on the probationer’s maximum imposed sentence is less
than the maximum period of confinement, then the term of
confinement is for the remaining period of the sentence. In
computing the period for which the offender is to be confined, the
time between his or her release on probation and his or her arrest
may not be taken to be any part of the term of his or her sentence.
Whenever the court incarcerates a probationer pursuant to the
provisions of this subdivision, a circuit clerk shall provide a
copy of the order of confinement within five days to the
Commissioner of Corrections.

(b) A probationer confined for a first or second violation
pursuant to subdivision (2), subsection (a) of this section, may be
confined in jail, and the costs of confining felony probationers
shall be paid out of funds appropriated for the Division of
Corrections.

(c) If, despite a violation of the conditions of probation,
the court or judge shall be is of the opinion that the interests of
justice do not require that the probationer serve his or her
sentence or a period of confinement, the court or judge may, except
when the violation was the commission of a felony, again release
him or her on probation: Provided, That a judge may otherwise
depart from the sentence limitations set forth in subdivision (2),
subsection (a) of this section upon making specific written
findings of fact supporting the basis for the departure.

§62-12-13. Powers and duties of board; eligibility for parole;
procedure for granting parole.

(a) The board of parole, whenever it is of the opinion that
the best interests of the state and of the inmate will be served,
and subject to the limitations hereinafter provided, shall release
any inmate on parole for terms and upon conditions as are provided
by this article.

(b) Any inmate of a state correctional center is eligible for
parole if he or she:

(1)(A) Has served the minimum term of his or her indeterminate
sentence or has served one fourth of his or her definite term
sentence, as the case may be; or

(B) He or she:

(i) Has applied for and been accepted by the Commissioner of
Corrections into an accelerated parole program;

(ii) Does not have a prior criminal conviction for a felony
crime of violence against the person, a felony offense involving
the use of a firearm, or a felony offense where the victim was a
minor child;

(iii) Has no record of institutional disciplinary rule
violations for a period of one hundred twenty days prior to parole
consideration unless the requirement is waived by the commissioner;

(iv) (iii) Is not serving a sentence for a crime of violence
against the person, or more than one felony for a controlled
substance offense for which the inmate is serving a consecutive
sentence, a felony offense involving the use of a firearm, or a
felony offence where the victim was a minor child; and

(v) (iv) Has successfully completed a rehabilitation treatment
program created with the assistance of a standardized risk and
needs assessment;

(I) As used in this section “felony crime of violence against
the person” means felony offenses set forth in articles two,
three-e, eight-b or eight-d of chapter sixty-one of this code; and

(II) As used in this section “felony offense where the victim
was a minor child” means any felony crime of violence against the
person and any felony violation set forth in article eight,
eight-a, eight-c or eight-d of chapter sixty-one of this code.

(C) Notwithstanding any provision of this code to the
contrary, any person who committed, or attempted to commit a felony
with the use, presentment or brandishing of a firearm, is not
eligible for parole prior to serving a minimum of three years of
his or her sentence or the maximum sentence imposed by the court,
whichever is less: Provided, That any person who committed, or
attempted to commit, any violation of section twelve, article two,
chapter sixty-one of this code, with the use, presentment or
brandishing of a firearm, is not eligible for parole prior to
serving a minimum of five years of his or her sentence or one third
of his or her definite term sentence, whichever is greater.
Nothing in this paragraph applies to an accessory before the fact
or a principal in the second degree who has been convicted as if he
or she were a principal in the first degree if, in the commission
of or in the attempted commission of the felony, only the principal
in the first degree used, presented or brandished a firearm. A
person is not ineligible for parole under the provisions of this
paragraph because of the commission or attempted commission of a
felony with the use, presentment or brandishing of a firearm unless
that fact is clearly stated and included in the indictment or
presentment by which the person was charged and was either: (i)
Found by the court at the time of trial upon a plea of guilty or
nolo contendere; (ii) found by the jury, upon submitting to the
jury a special interrogatory for such purpose if the matter was
tried before a jury; or (iii) found by the court, if the matter was
tried by the court without a jury.

For the purpose of this section, the term "firearm" means any
instrument which will, or is designed to, or may readily be
converted to, expel a projectile by the action of an explosive,
gunpowder or any other similar means.

(D) The amendments to this subsection adopted in the year
1981:

(i) Apply to all applicable offenses occurring on or after
August 1 of that year;

(ii) Apply with respect to the contents of any indictment or
presentment returned on or after August 1 of that year irrespective
of when the offense occurred;

(iii) Apply with respect to the submission of a special
interrogatory to the jury and the finding to be made thereon in any
case submitted to the jury on or after August 1 of that year or to
the requisite findings of the court upon a plea of guilty or in any
case tried without a jury: Provided, That the state gives notice
in writing of its intent to seek such finding by the jury or court,
as the case may be, which notice shall state with particularity the
grounds upon which the finding will be sought as fully as such
grounds are otherwise required to be stated in an indictment,
unless the grounds therefor are alleged in the indictment or
presentment upon which the matter is being tried; and

(iv) Does not apply with respect to cases not affected by the
amendments and in such cases the prior provisions of this section
apply and are construed without reference to the amendments.

(1)(v) Insofar as the amendments relate to mandatory
sentences restricting the eligibility for parole, all matters
requiring a mandatory sentence shall be proved beyond a reasonable
doubt in all cases tried by the jury or the court;

(2) Is not in punitive segregation or administrative
segregation as a result of disciplinary action;

(3) Has maintained a record of good conduct in prison for a
period of at least three months immediately preceding the date of
his or her release on parole;

(4) Has prepared and submitted to the board a written parole
release plan setting forth proposed plans for his or her place of
residence, employment and, if appropriate, his or her plans
regarding education and post-release counseling and treatment
Provided, That an inmate’s application for parole may be considered
by the board without the prior submission of a written parole plan,
but an inmate shall have a home plan approved by the board prior to
the inmate’s release on parole. The Commissioner of Corrections or
his or her designee shall review the plan to be reviewed and
investigated and provide recommendations to the board as to the
suitability of the plan: Provided, That in cases in which there is
a mandatory thirty-day notification period required prior to the
release of the inmate, pursuant to section twenty-three of this
article, the board may conduct an initial interview and deny parole
without requiring the development of a plan. In the event the
board does not believe parole should be denied, it may defer a
final decision pending completion of an investigation and receipt
of recommendations. Upon receipt of the plan together with the
investigation and recommendation, the board, through a panel, shall
make a final decision regarding the granting or denial of parole;
and

(5) Has satisfied the board that if released on parole he or
she will not constitute a danger to the community.

(c) Except in the case of a person serving a life sentence, no
person who has been previously twice convicted of a felony may be
released on parole until he or she has served the minimum term
provided by law for the crime for which he or she was convicted.
A person sentenced for life may not be paroled until he or she has
served ten years, and a person sentenced for life who has been
previously twice convicted of a felony may not be paroled until he
or she has served fifteen years: Provided, That a person convicted
of first degree murder for an offense committed on or after June
10, 1994, is not eligible for parole until he or she has served
fifteen years.

(d) In the case of a person sentenced to any state
correctional center, it is the duty of the board, as soon as a
person becomes eligible, to consider the advisability of his or her
release on parole.

(e) If, upon consideration, parole is denied, the board shall
promptly notify the inmate of the denial. The board shall, at the
time of denial, notify the inmate of the month and year he or she
may apply for reconsideration and review. The board shall at least
once a year reconsider and review the case of every inmate who was
denied parole and is still eligible: Provided, That the board may
reconsider and review parole eligibility anytime within three years
following the denial of parole of an inmate serving a life sentence
with the possibility of parole.

(f) Any person serving a sentence on a felony conviction who
becomes eligible for parole consideration prior to being
transferred to a state correctional center may make written
application for parole. The terms and conditions for parole
consideration established by this article apply to such inmates.

(g) The board shall, with the approval of the Governor, adopt
rules governing the procedure in the granting of parole. No
provision of this article and none of the rules adopted hereunder
are intended or may be construed to contravene, limit or otherwise
interfere with or affect the authority of the Governor to grant
pardons and reprieves, commute sentences, remit fines or otherwise
exercise his or her constitutional powers of executive clemency.

(h) (1) The Division of Corrections shall promulgate policies
and procedures for developing a rehabilitation treatment plan
created with the assistance of a standardized risk and needs
assessment. The policies and procedures shall include, but not be
limited to, policy and procedures forprovide for, at a minimum,
screening and selecting inmates for rehabilitation treatment and
development, and use ofusing standardized risk and needs
assessment and substance abuse assessment tools, and prioritizing
the use of residential substance abuse treatment resources based on
the results of the risk and needs assessment and a substance abuse
assessment.

(2) An inmate shall not be paroled under paragraph (B),
subdivision (1), subsection (b) of this section solely due to
having successfully completed a rehabilitation treatment plan but
completion of all the requirements of a rehabilitation paroletreatment plan along with compliance with the requirements of
subsection (b) of this section shall creates a rebuttable
presumption that parole is appropriate. The presumption created by
this subsection may be rebutted by a parole board finding that,
according to the risk assessment, at the time parole release is
sought the inmate still constitutes a reasonable risk to the safety
or property of other persons if released. Nothing in subsection
(b) of this section or in this subsection may be construed to
create a right to parole.

(i) Notwithstanding the provisions of subsection (b) of this
section, the parole board may, in its discretion, grant or deny
parole to an inmate against whom a detainer is lodged by a
jurisdiction other than West Virginia for service of a sentence of
incarceration, upon a written request for parole from the inmate.
A denial of parole under this subsection shall preclude
consideration for a period of one year or until the provisions of
subsection (b) of this section are applicable.

(j) Where an inmate is otherwise eligible for parole pursuant
to subsection (b) of this section and has completed the
rehabilitation treatment program required under subsection (h) of
this section,but the parole board determinesmay not require that
the inmate should participate in an additional program, orbut may
determine that the inmate must complete an assigned task or tasks
prior to actual release on parole, the board may grant parole
contingently, effective upon successful completion of the program
or assigned task or tasks, without the need for a further hearing.
The Commissioner of Corrections shall provide notice to the Parole
Board of the imminent release of a contingently paroled inmate to
effectuate appropriate supervision.

(k) (1) The Division of Corrections is charged with the duty
of supervising all probationers and parolees whose supervision may
have been undertaken by this state by reason of any interstate
compact entered into pursuant to the uniform act for out-of-state
parolee supervision.

(2) The Division of Corrections is charged with the duties of
supervision, treatment and support services for all persons
released to mandatory supervision under section twenty-seven,
article five, chapter twenty-eight of this code.

(l)(1) When considering an inmate of a state correctional
center for release on parole, the parole board panel considering
the parole is to have before it an authentic copy of or report on
the inmate's current criminal record as provided through the West
Virginia State Police, the United States Department of Justice or
other reliable criminal information sources and written reports of
the warden or superintendent of the state correctional center to
which the inmate is sentenced:

(A) On the inmate's conduct record while in custody, including
a detailed statement showing any and all infractions of
disciplinary rules by the inmate and the nature and extent of
discipline administered therefor;

(B) On improvement or other changes noted in the inmate's
mental and moral condition while in custody, including a statement
expressive of the inmate's current attitude toward society in
general, toward the judge who sentenced him or her, toward the
prosecuting attorney who prosecuted him or her, toward the
policeman or other officer who arrested the inmate and toward the
crime for which he or she is under sentence and his or her previous
criminal record;

(C) On the inmate's industrial record while in custody which
shall include: The nature of his or her work, occupation or
education, the average number of hours per day he or she has been
employed or in class while in custody and a recommendation as to
the nature and kinds of employment which he or she is best fitted
to perform and in which the inmate is most likely to succeed when
he or she leaves prison;

(D) On any physical, mental, andpsychological or psychiatric
examinations of the inmate. conducted, insofar as practicable,
within the two months next preceding parole consideration by the
board.

(2) The board panel considering the parole may waive the
requirement of any report when not available or not applicable as
to any inmate considered for parole but, in every such case, shall
enter in the record thereof its reason for the waiver: Provided,
That in the case of an inmate who is incarcerated because the
inmate has been found guilty of, or has pleaded guilty to a felony
under the provisions of section twelve, article eight, chapter
sixty-one of this code or under the provisions of article eight-b
or eight-c of said chapter, the board panel may not waive the
report required by this subsection and the report is to include a
study and diagnosis including an on-going treatment plan requiring
active participation in sexual abuse counseling at an approved
mental health facility or through some other approved program:
Provided, however, That nothing disclosed by the person during the
study or diagnosis may be made available to any law-enforcement
agency, or other party without that person's consent, or admissible
in any court of this state, unless the information disclosed
indicates the intention or plans of the parolee to do harm to any
person, animal, institution or to property. Progress reports of
outpatient treatment are to be made at least every six months to
the parole officer supervising the person. In addition, in such
cases, the parole board shall inform the prosecuting attorney of
the county in which the person was convicted of the parole hearing
and shall request that the prosecuting attorney inform the parole
board of the circumstances surrounding a conviction or plea of
guilty, plea bargaining and other background information that might
be useful in its deliberations.

(m) Before releasing any inmate on parole, the board of parole
shall arrange for the inmate to appear in person before a parole
board panel and the panel may examine and interrogate him or her on
any matters pertaining to his or her parole, including reports
before the board made pursuant to the provisions hereof: Provided,
That an inmate may appear by video teleconference if the members of
the panel conducting the examination are able to contemporaneously
see the inmate and hear all of his or her remarks and if the inmate
is able to contemporaneously see each of the members of the panel
conducting the examination and hear all of the members' remarks.
The panel shall reach its own written conclusions as to the
desirability of releasing the inmate on parole and the majority of
the panel considering the release shall concur in the decision.
The warden or superintendent shall furnish all necessary assistance
and cooperate to the fullest extent with the parole board. All
information, records and reports received by the board are to be
kept on permanent file.

(n) The board and its designated agents are at all times to
have access to inmates imprisoned in any state correctional center
or in any jail in this state and may obtain any information or aid
necessary to the performance of its duties from other departments
and agencies of the state or from any political subdivision
thereof.

(o) The board shall, if so requested by the Governor,
investigate and consider all applications for pardon, reprieve or
commutation and shall make recommendation thereon to the Governor.

(p) Prior to making a recommendation for pardon, reprieve or
commutation and prior to releasing any inmate on parole, the board
shall notify the sentencing judge and prosecuting attorney at least
ten days before the recommendation or parole.

(q) Any person released on parole shall participate as a
condition of parole in the litter control program of the county to
the extent directed by the board, unless the board specifically
finds that this alternative service would be inappropriate.

(r) Except for the amendments to this section contained in
subdivision (4), subsection (b) and subsection (i) of this section
the amendments to this section enacted during the 2010 regular
session of the Legislature shall become effective on January 1,
2011.

§62-12-14a. Director of employment; Director of housing; released
inmates; duties.

The boardCommissioner of Correctionsshall have authority tomay employ or contract for a director of employment and a director
of housing for paroled or pardoned prisonersreleased inmates. The
director of employment shall work with federal, state, county and
local government and private entities to negotiate agreements which
facilitate employment opportunities for released inmates. The
director of housing shall work with federal, state, county and local
government and private entities to negotiate agreements which
facilitate housing opportunities for released inmates.It shall be
the duty of The director of employmenttoshall investigate job
opportunities and to give every possible assistance in helping
prisoners, eligible to be paroled or who have been granted parole
under this articlereleased inmatesto find employment. The
director of housing shall work in conjunction with the parole
division and the board of parole to reduce release delays due to
lack of a home plan, develop community housing resources, and
provide short-term loans to released inmates for costs related to
reentry.

§62-12-15. Powers and duties of state parole officers.

(a) Each state parole officer shall:

(1) Investigate all cases referred to him or her for
investigation by the Commissioner of Corrections and shall report
in writing thereon; He or she or she shall furnish

(2) Update the standardized risk and needs assessment adopted
by the Division of Corrections under subsection (h), section
thirteen of this article for each person for whom an assessment has
not been conducted for parole by a specialized assessment officer;

(3) Supervise each person according to the assessment and
supervision standards determined by the commissioner;

(4) Furnish to each person released on parole under his or her
supervision a written statement of the conditions of his or her
parole together with a copy of the rules prescribed by the board,
as the case may beCommissioner of Corrections for the supervision
of parolees; He or she or she shall keep

(5) Keep informed concerning the conduct and condition of each
person under his or her supervision and shall report thereon in
writing as often as the Commissioner of Corrections may require;
He or she or she shall use

(6) Use all practicable and suitable methods to aid and
encourage persons on parole and to bring about improvement in their
conduct and condition; He or she or she shall keep

(7) Keep detailed records of his or her work; shall keep

(8) Keep accurate and complete accounts of and give receipts
for all money collected from persons under his or her supervision
and shall pay over the money to those persons a circuit court or the
Commissioner of Corrections may designate; He or she or she shall
give

(9) Give bond with good security, to be approved by the
Commissioner of Corrections, in a penalty of not less than $1,000
nor more than $3,000, as the Commissioner of Corrections may
determine; and also perform

(10) Perform any other duties the commissioner may require.

(b) He or sheEach state parole officerhas authoritymay, with
or without an order or warrant, to arrest or order confinement of
any parolee. He or she has all the powers of a notary public, with
authority to act anywhere within the state.

(c) The commissioner may issue a certificate authorizing any
parole officer who has successfully completed the division’s
training program for firearms certification, which is the
equivalent of that required of deputy sheriffs, to carry firearms
or concealed weapons. Any parole officer authorized by the
commissioner has the right, without a state license, to carry
firearms and concealed weapons. Each parole officer, authorized by
the commissioner, shall carry with him or her a certificate
authorizing him or her to carry a firearm or concealed weapon
bearing the official signature of the commissioner.

§62-12-17. Conditions of release on parole.

(a) Release and supervision on parole of any person, including
the supervision by the Division of Corrections of any person paroled
by any other state or by the federal government, shall be upon the
following conditions:

(1) That the parolee may not, during the period of his or her
parole, violate any criminal law of this or any other state or of
the United States;

(2) That he or she may not, during the period of his or her
parole, leave the state without the consent of the division;

(3) That he or she shall comply with the rules prescribed by
the division for his or her supervision by the parole officer;

(4) That in every case in which the parolee for a conviction
is seeking parole from an offense against a child, defined in
section twelve, article eight, chapter sixty-one of this code; or
article eight-b or eight-d of said chapter, or similar convictions
from other jurisdictions where the parolee is returning or
attempting to return to this state pursuant to the provisions of
article six, chapter twenty-eight of this code, the parolee may not
live in the same residence as any minor child nor exercise
visitation with any minor child nor may he or she have any contact
with the victim of the offense; and

(5) That the parolee, and all federal or foreign state
probationers and parolees whose supervision may have been undertaken
by this state, is required to pay a fee, based on his or her ability
to pay, not to exceed $40 per month to defray costs of supervision.

(b) The commissioner shall keep a record of all actions taken
and account for moneys received. No provision of this section
prohibits the division from collecting the fees and conducting the
checks upon the effective date of this section. All moneys shall
be deposited in a special account in the State Treasury to be known
as the "Parolee's Supervision Fee Fund". Expenditures from the fund
shall be for the purposes of providing parole supervision required
by the provisions of this code and are not authorized from
collections but are to be made only in accordance with appropriation
by the Legislature and in accordance with the provisions of article
three, chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two, chapter five-a of this code.
Amounts collected which are found, from time to time, to exceed the
funds needed for purposes set forth in this article may be
transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature.

(c) The division shall consider the following factors in
determining whether a parolee or probationer is financially able to
pay the fee:

(1) Current income prospects for the parolee or probationer,
taking into account seasonal variations in income;

(2) Liquid assets of the parolee or probationer, assets of the
parolee or probationer that may provide collateral to obtain funds
and assets of the parolee or probationer that may be liquidated to
provide funds to pay the fee;

(3) Fixed debts and obligations of the parolee or probationer,
including federal, state and local taxes and medical expenses;

(4) Child care, transportation and other reasonably necessary
expenses of the parolee or probationer related to employment; and

(5) The reasonably foreseeable consequences for the parolee or
probationer if a waiver of, or reduction in, the fee is denied.

(d) In addition, the division may impose, subject to
modification at any time, any other conditions which the division
considers advisable.

(e) The division may order substance abuse treatment as a
condition or as a modification of parole only if the standardized
risk and needs assessment indicates the offender has a high risk for
reoffending and a need for substance abuse treatment.

(f) The division may impose as an initial condition of parole
a term of reporting to a day report center or other community
corrections program only if the standardized risk and needs
assessment indicates a moderate to high risk of reoffending and
moderate to high criminogenic need. Any parolee so placed shall be
subject to all the rules and regulations of the program and may be
removed at the discretion of the program director. The Commissioner
of Corrections shall enter into a master agreement with the Division
of Justice and Community Services to provide reimbursement to
counties for the use of community corrections programs by eligible
releasees. Any placement by the division of an offender in a day
report center or other community corrections program may only be
done with the program director’s consent and any offender so placed
shall be subject to all of the rules and regulations of the program
and may be removed at the director’s discretion.

§62-12-19. Violation of parole.

(a) If at any time during the period of parole there is
reasonable cause to believe that the parolee has violated any of the
conditions of his or her release on parole, the parole officer may
arrest him or her with or without an order or warrant, or the
Commissioner of Corrections may issue a written order or warrant for
his or her arrest, which written order or warrant is sufficient for
his or her arrest by any officer charged with the duty of executing
an ordinary criminal process. The commissioner's written order or
warrant delivered to the sheriff against the paroled prisoner shall
be a command to keep custody of the parolee for the jurisdiction of
the Division of Corrections and during the period of custody, the
parolee may be admitted to bail by the court before which the
parolee was sentenced. If the parolee is not released on a bond,
the costs of confining the paroled prisoner shall be paid out of the
funds appropriated for the Division of Corrections.

(1) If reasonable cause is found to exist that a parolee has
violated a term or terms of his or her release that does not
constitute absconding supervision or new criminal conduct other than
a minor traffic violation or simple possession of a controlled
substance, the parole officer may, after consultation with and
written approval by the director of parole services, for the first
violation, require the parolee to serve a period of confinement up
to sixty days, or, for the second violation, a period of confinement
up to one hundred twenty days: Provided, That the Division of
Corrections shall notify the parole board when a parolee is serving
such a term of confinement and the parole board may deny further
confinement. A parolee serving a term of confinement in the first
or second instance may be confined in jail or other facility
designated by the Commissioner, but shall be committed to the
custody of the Commissioner of Corrections, and the costs of
confining the parolee shall be paid out of funds appropriated for
the Division of Corrections: Provided, however, That upon written
request, the parolee shall be afforded the right to a hearing within
forty-five days before the parole board regarding whether he or she
violated the conditions of his or her release on parole.

(b)(2) When a parolee is under arrestin custody for a
violation of the conditions of his or her parole, he or she shall
be given a prompt and summary hearing before a panel of the board
upon his or her written request, at which the parolee and his or her
counsel are given an opportunity to attend.

(A) If at the hearing it appears to the satisfaction of the
panelis determined that reasonable cause exists to believe that the
parolee has violated any condition of his or her release on parole,
or any rules or conditions of his or her supervisionabsconded
supervision or committed new criminal conduct other than a minor
traffic violation or simple possession of a controlled substance,
the panel may revoke his or her parole and may require him or her
to serve in prison the remainder or any portion of his or her
maximum sentence for which, at the time of his or her release, he
or she was subject to imprisonment.

(B) If the hearing panel finds that reasonable cause exists to
believe that the parolee has violated a condition of release or
supervision or committed new criminal conduct consisting of a minor
traffic violation or simple possession of a controlled substance,
the panel shall require the parolee to serve, for the first
violation, a period of confinement up to sixty days, or, for the
second violation, a period of confinement up to one hundred twenty
days:Provided, That if the violation of the conditions of parole
or rules for his or her supervision is not a felony as set out in
section eighteen of this article, the panel may, if in its judgment
the best interests of justice do not require revocationa period of
confinement, reinstate him or her on parole. The Division of
Corrections shall effect release from custody upon approval of a
home plan.

(b) Notwithstanding any provision of this code to the contrary,
when reasonable cause has been found to believe that a parolee has
violated the conditions of his or her parole but the violation does
not constitute felonious conduct, the commissioner may, in his or
her discretion and with the written consent of the parolee, allow
the parolee to remain on parole with additional conditions or
restrictions. The additional conditions or restrictions may
include, but are not limited to, participation in any program
described in subsection (d), section five, article eleven-c of this
chapter. Compliance by the parolee with the conditions of parole
precludes revocation of parole for the conduct which constituted the
violation. Failure of the parolee to comply with the conditions or
restrictions and all other conditions of release is an additional
violation of parole and the parolee may be proceeded against under
the provisions of this section for the original violation as well
as any subsequent violations.

(c) When a parolee has violated the conditions of his or her
release on parole by confession to, or being convicted of, any of
the crimes set forth in section eighteen of this article, he or she
shall be returned to the custody of the Division of Corrections to
serve the remainder of his or her maximum sentence, during which
remaining part of his or her sentence he or she is ineligible for
further parole.

(d) Whenever the parole of a paroled prisoner has been revoked,
the commissioner shall, upon receipt of the panel’s written order
of revocation, convey and transport the paroled prisoner to a state
correctional institution. A paroled prisoner whose parole has been
revoked shall remain in custody of the sheriff until delivery to a
corrections officer sent and duly authorized by the commissioner for
the removal of the paroled prisoner to a state penal institution;
the cost of confining the paroled prisoner shall be paid out of the
funds appropriated for the Division of Corrections.

(e) When a paroled prisoner is convicted of, or confesses to,
any one of the crimes enumerated in section eighteen of this
article, it is the duty of the board to cause him or her to be
returned to this state for a summary hearing as provided by this
article. Whenever a parolee has absconded supervision, the
commissioner shall issue a warrant for his or her apprehension and
return to this state for the hearing provided for in this article:
Provided, That the panel considering revocation may, if it
determines the best interests of justice do not require revocation,
cause the paroled absconder to be reinstated to parole.

(f) A warrant filed by the commissioner shall stay the running
of his or her sentence until the parolee is returned to the custody
of the Division of Corrections and physically in West Virginia.

(g) Whenever a parolee who has absconded supervision or has
been transferred out of this state for supervision pursuant to
section one, article six, chapter twenty-eight of this code is
returned to West Virginia due to a violation of parole and costs are
incurred by the Division of Corrections, the commissioner may assess
reasonable costs from the parolee's inmate funds or the parolee as
reimbursement to the Division of Corrections for the costs of
returning him or her to West Virginia.

(h) Conviction of a felony for conduct occurring during the
period of parole is proof of violation of the conditions of parole
and the hearing procedures required by the provisions of this
section are inapplicable.

(i) The Commissioner of the Division of Corrections may issue
subpoenas for persons and records necessary to prove a violation of
the terms and conditions of a parolee's parole either at a
preliminary hearing or at a final hearing before a panel of the
parole board. The subpoenas shall be served in the same manner
provided in the Rules of Criminal Procedure. The subpoenas may be
enforced by the commissioner through application or petition of the
commissioner to the circuit court for contempt or other relief.

§62-12-29. Shared information for community supervision.

(a) The administrative director of the Supreme Court of Appeals
of West Virginia is requested to assemble a Community Supervision
Committee, to include representatives of the judiciary, probation,
parole, day report centers, magistrates, sheriffs, corrections, and
other members at the discretion of the director. The director shall
appoint a chair from among the members, and attend the meeting ex
officio.

(b) The committee shall:

(1) Design and deploy a method for probation officers, parole
officers, day report centers and others providing community
supervision to share electronically offender information and
assessments;

(2) Coordinate information reporting and access across agencies
carrying out community supervision;

(3) Collect and share information about assessed and collected
restitution among supervision agencies;

(4) Collect sentencing-level data to enable study of sentencing
practices across the state; and

(5) Coordinate with the community corrections subcommittee of
the Governor's Committee on Crime, Delinquency and Correction in the
discharge of these duties.

(c) The committee shall submit, on or before September 30 of
each year, to the Governor, the Speaker of the House of Delegates,
the President of the Senate and, upon request, to any individual
member of the Legislature a report on its activities during the
previous year.

ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.

§62-15-2. Definitions.

For the purposes of this article:

(1) "Assessment" means a diagnostic evaluation to determine
whether and to what extent a person is a drug offender under this
article and would benefit from its provisions. The assessment shall
be conducted in accordance with the standards, procedures, and
diagnostic criteria designed to provide effective and
cost-beneficial use of available resourcesstandardized risk and
needs assessment and risk cut-off scores adopted by the West
Virginia Supreme Court of Appeals.

(2) "Continuum of care" means a seamless and coordinated course
of substance abuse education and treatment designed to meet the
needs of drug offenders as they move through the criminal justice
system and beyond, maximizing self-sufficiency.

(3) "Controlled substance" means a drug or other substance for
which a medical prescription or other legal authorization is
required for purchase or possession.

(4) "Drug" means a controlled substance, an illegal drug, or
other harmful substance.

(5) "Drug court" means a judicial intervention process that
incorporates the Ten Key Components and may include preadjudication
or post-adjudication participation.

(6) "Drug court team" mayshall consist of the following
members who are assigned to the drug court:

(A) The drug court judge, which may include a magistrate,
Mental Hygiene Commissioner, or other hearing officer;

(B) The prosecutor;

(C) The public defender or member of the criminal defense bar;

(D) A representative from the day report center or community
corrections program, if operating in the jurisdiction;

(E) A law-enforcement officer;

(F) The drug court coordinator;

(G) A representative from a circuit court probation office or
the division of parole supervision or both;

(H) One or more substance abuse treatment providers; and

(I) Any other persons selected by the drug court team.

(7) "Drug offender" means an adult person charged with a
drug-related offense or an offense in which substance abuse is
determined from the evidence to have been a factor in the commission
of the offense.

(14) "Preadjudication" means a court order requiring a drug
offender to participate in drug court before charges are filed or
before conviction.

(15) "Post-adjudication" means a court order requiring a drug
offender to participate in drug court after having entered a plea
of guilty or nolo contendre or having been found guilty.

(16) "Recidivism" means any subsequent arrest for a serious
offense (carrying a sentence of at least one year) resulting in the
filing of a charge.

(17) "Relapse" means a return to substance use after a period
of abstinence.

(18) "Split sentencing" means a sentence which includes a
period of incarceration followed by a period of supervision.

(19) "Staffing" means the meeting before a drug offender's
appearance in drug court in which the drug court team discusses a
coordinated response to the drug offender's behavior.

(20) "Substance" means drug or alcohol.

(21) "Substance abuse" means the illegal or improper
consumption of a drugsubstance.

(22) "Substance abuse treatment" means a program designed to
provide prevention, education, and therapy directed toward ending
substance abuse and preventing a return to substance usage, a
continuum of care, including treatment of co-occurring substance
abuse and mental health issues, outpatient, intensive outpatient,
residential, peer support, relapse prevention and cognitive
behavioral programming, based on research about effective treatment
models for the offender population.

(23) "Ten Key Components" means the following benchmarks
intended to describe the very best practices, designs, and
operations of drug courts. These benchmarks are meant to serve as
a practical, yet flexible framework for developing effective drug
courts in vastly different jurisdictions and to provide a structure
for conducting research and evaluation for program accountability:

(J) Forging partnerships among drug courts, public agencies and
community-based organizations generates local support and enhances
drug court effectiveness.

(24) “Treatment supervision” means a program in which a
participant is ordered in lieu of a sentence of incarceration which
includes treatment for substance abuse.

§62-15-6a. Treatment supervision.

(a) A felony drug offender is eligible for treatment
supervision only if the offender would otherwise be sentenced to
prison, and the risk assessment indicates the offender has a high
risk for reoffending and a need for substance abuse treatment. As
a condition of drug court or as a term of probation or as a
modification of probation, treatment supervision may be imposed on
an eligible drug offender convicted of a felony. Whenever a circuit
judge determines that a participant has committed a violation of
his or her conditions of treatment involving the participant’s use
of alcohol or a controlled substance which would, in the judge’s
opinion, warrant a period of incarceration to encourage compliance
with program requirements, the cost of said incarceration, not to
exceed a period of thirty days in any one instance, shall be paid
by the Division of Corrections upon written finding by the judge
that the participant would otherwise be sentenced to the custody of
the Commissioner of Corrections for service of the underlying
sentence. Whenever a circuit judge incarcerates a participant
pursuant to this section a copy of the order of confinement shall
be provided by the clerk of the circuit court within five days to
the Commissioner of Corrections: Provided, That a judge may impose
treatment supervision on a drug offender convicted of a felony,
notwithstanding the results of the risk assessment, upon making
specific written findings of fact as to the reason for departing
from the requirements of this subsection. This subsection takes
effect January 1, 2014.

(b) The Division of Justice and Community Services shall use
appropriated funds to develop proposed substance abuse treatment
plans to serve those under treatment supervision in each judicial
circuit and on parole supervision, in consultation with the
Governor's Advisory Council on Substance Abuse, created by Executive
Order No. 5-11.

(c) The Division of Justice and Community Services, in
consultation with the Governor's Advisory Committee on Substance
Abuse, shall develop:

(1) Qualifications for provider certification to deliver a
continuum of care to offenders;

(2) Fee reimbursement procedures; and

(3) Other matters related to the quality and delivery of
services.

(d) The Division of Justice and Community Services shall
require education and training which shall include, but not be
limited to, cognitive behavior training. The duties of providers
who provide services under this program may include notifying the
probation department and the court of any offender failing to meet
the conditions of probation or referrals to treatment, appearing at
revocation hearings as may be required, and providing assistance
data reporting and program evaluation.

(e) The cost for all drug abuse assessments and certified drug
treatment under this section and subsection (e), section seventeen,
article twelve of this chapter shall be paid by the Division of
Justice and Community Services from funds appropriated for such
purpose. The Division of Justice and Community Services shall
contract for payment for such services provided to eligible
offenders.

(f) The Division of Justice and Community Services, in
consultation with the Governor's Advisory Council on Substance
Abuse, shall submit on or before September 30 of each year, to the
Governor, the Speaker of the House of Delegates, the President of
the Senate and, upon request, to any individual member of the
Legislature a report on:

(1) The dollar amount and purpose of funds provided for the
fiscal year;

(2) The number of people on treatment supervision who received
services and whether they were the result of a direct sentence or
in lieu of revocation;

(3) The number of people on treatment supervision who received
services despite the risk assessment indicating less than high risk
for reoffending and a need for substance abuse treatment, pursuant
to a judge’s specific written findings of fact;

(4) The type of services provided;

(5) The rate of revocations and successful completions for
people who received services;

(6) The number of people under supervision receiving treatment
under this section who are rearrested and confined within two years
of being placed under supervision;

(7) The dollar amount needed to provide services in the
upcoming year to meet demand and the projected impact of reductions
in program funding on cost and public safety measures; and

(8) Other measures as appropriate to measure the availability
of treatment and the effectiveness of services.

(g) With the exception of subsection (a), the provisions of this
section shall take effect on July 1, 2013.

(a) Whenever a judge of a drug court determines that a
participant who has pled to a felony offense is determined by the
judge to have committeed a violation of his or her conditions of
participation which would, in the judge’s opinion, warrant a period
of incarceration to encourage compliance with program requirements,
the cost of said incarceration, not to exceed a period of thirty
days in any one instance, shall be paid by the Division of
Corrections upon a written finding by the judge that the participant
would otherwise be sentenced to the custody of the Commissioner of
Corrections for service of the underlying sentence.

(b) Whenever a drug court incarcerates a participant pursuant
to subsection (a) of this section the clerk of the circuit court a
copy of confinement shall be provided within five days to the
Commissioner of Corrections.